RIR and Regular Cases in One Queue in BRCs.
01/21/2005: DOL Backlog Reduction Processing Update
The DOL did not disclose in details a number of issues in the PERM Briefings which the consumers were interested in. It turned out that some of these issues had been discussed with the AILA in telephone conference before the PERM Briefing sessions began. Some of these issues had been answered as follows:
Status of Processing at the Backlog Processing Centers:
The cases which were transferred from the Regional Offices were processed first. For these cases, initial letters have been being sent out. Once the responses come back from the applicants, they will start adjudicating the cases. The current state is as follows:
Dallas, Philadelphia, and San Francisco Regions Cases: Data entry for these cases has been completed and letters have been sent out and the Backlog Centers are awaiting the responses for further processing and adjudication.
Chicago and Atlanta Regions Cases: These cases have been transferred to the Backlog Centers later and currently being data-entried. Once the data entry is completed, letters will be sent out the applicants as it did with the Dallas, Philadelphia, and San Francisco Regions cases.
The cases which were transferred from the SWA (state offices) are at the stage of data entry. Once data entry is completed, the same steps will be taken as described above.
Processing Queue per FIFO: Shockingly, there are no separate queues between RIR and Regular cases and both RIR and Regular cases are being processed on FIFO in a single national queue. Consequently, RIR cases will experience a substantial delay once the cases are transferred to the Backlog Centers!!
Opened Cases vs. Unopened Cases: Under the Transition Guideline, unopened cases have been transferred to the Backlog Centers and opened cases will be completed by the SWAs. The definition of "opened cases" is the application packages which are at the SWAs in unopened boxes or where no letters have been issued by the SWAs to the applicants. Accordingly, those who received a letter from the state offices may be completed at the state offices rather than being transferred to the Backlog Centers.
Notification of Address Changes of the Applicants or Attorneys: If one knows that his/her case has been transferred to the Backlog Centers, the notification should be addressed to the Backlog Centers. If one does not know, DOL suggests to such notification to both the Backlog Center and the SWA office.
Address of Certifying Officers and SWA in the Notice Posting for Cases to be Filed before 03/28/2005: People should follow the same rules and requirements under the current labor certification regulation. Thus the notice posting should direct the public to file misrepresentation or complaints to the office of Certifying Officer's office and the state labor certification unit. Remember, though, some Regions, addresses have been changed: Chicago and Atlanta offices.
